TERMS OF SALES.
These general terms and conditions of sale are concluded between:
MOST SAS
Simplified joint-stock company
Intra-Community VAT number: FR56833950660
RCS PARIS 833950660
Hereinafter referred to as " The Seller »
ON THE ONE HAND,
And :
Anyone wishing to make a purchase via the Seller's website, at https://www.mosthome.co,
Hereinafter referred to as " The Client »
ON THE OTHER HAND.
ARTICLE 1. PURPOSE
These General Terms and Conditions of Sale aim to define the contractual relationship between the Seller and the Customer, and the conditions applicable to any purchase made through the Seller 's merchant site https://www.mosthome.co/ , hereinafter referred to as "the Site".
By agreeing to these General Terms and Conditions of Sale, the Customer is prohibited from purchasing for resale, as defined in Article L 110-1 of the French Commercial Code.
The Customer must be at least 18 years old and have the legal capacity or parental authorization to place an order on the Site.
Purchasing a product through the Site implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale. These terms and conditions shall prevail over any other general or specific terms and conditions of the Customer.
The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. However, it is agreed that the Terms and Conditions applicable to the Customer will be those in effect on the date of their order on the Website.
These General Terms and Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.
ARTICLE 2. PRODUCT DESCRIPTION
The products offered are presented on the Seller's website.
The photographs accompanying the product presentation are as accurate as possible but cannot guarantee a perfect likeness to the product offered and in some cases present presentation suggestions where not all the elements constituting the photographs are systematically offered for sale.
It is specified that the products offered comply with the regulations in force relating to the composition of products, in that they conform to the health and safety of consumers.
ARTICLE 3. PRICE
The prices indicated by the Seller at the time of the order are in Euros inclusive of all taxes, based on the VAT rate in effect on the date of the order. Any change in the rate will be immediately reflected in the price of the products offered.
The Seller reserves the right to modify its prices at any time, it being understood however that the prices presented on the Seller's website on the day of the order will be the only ones applicable to the Customer.
The prices shown include order processing fees.
The shipping and delivery charges applied are those indicated on the Site at the time of the order.
The sale price is due upon ordering.
The order can be settled using the following methods:
- by bank card (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), thanks to the secure STRIPE server and thanks to the SSL protocol, the Seller offers a fully secure online payment.
The customer's bank card number is therefore only sent to the bank's servers, in a secure environment.
An invoice showing the VAT will be sent by the Seller to the Customer upon simple request from the latter to the Seller.
ARTICLE 4. ORDERING PROCESS
The Customer wishing to place an order on the Seller's Website must:
- create your account by filling in the information requested on the Site (namely: name, surname, postal address, email address, telephone number).
- Browse the product descriptions and add the desired items to your basket.
- validate the basket
- correct any input errors
- confirm the order
- choose and confirm your payment method
It is the Client's responsibility to ensure the accuracy of the information provided, for which they are solely responsible.
The Seller will promptly communicate to the Customer by email the confirmation of the order registered.
All data provided and the recorded confirmation constitute proof of the transaction.
The Seller will archive orders and order confirmations on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of Article 1348 of the Civil Code.
The Seller's computerized records shall be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.
It is specified that the Seller has entered into a distance selling contract with their bank. The banking transaction is secure and, under no circumstances, does the Seller retain any banking information about the Customer.
Finally, it is specified that the Seller reserves the right to refuse an order that is abnormal, particularly with regard to the quantities ordered.
ARTICLE 5. DELIVERY
The Products presented on the Seller's website can be delivered worldwide.
Deliveries are made to the address provided by the Customer for this purpose.
The maximum delivery time for a product from the date of order is indicated in the product description, prior to the order.
In the case of a group purchase of several products, the delivery time applicable to the entire order corresponds to the longest delivery time indicated for one of these products.
The delivery deadline will be specified in the order confirmation email.
Under no circumstances may the delivery time exceed 30 days.
If the delivery deadline is exceeded by more than seven days and not due to force majeure, the Customer may cancel their order by registered letter with acknowledgment of receipt, within sixty working days from the date indicated for delivery.
The cancellation of the order will be effective upon receipt by the Seller of the letter by which the Customer informs him of his decision, if delivery has not taken place between the sending and receipt of this letter.
The refund will be provided by the Seller, using the payment method of their choice, within a maximum period of thirty days from the date on which the Customer informed the Seller of the cancellation of the order.
The Customer is nevertheless entitled to choose another method of reimbursement.
ARTICLE 6. PRODUCT UNAVAILABILITY
In the event that the ordered product is unavailable in stock, the Seller will inform the Customer by email as soon as possible and the price will be refunded to the Customer within thirty days of payment of the sums paid.
The Customer will then have the option of obtaining a refund (within 30 days of payment) or exchanging the unavailable product for an equivalent one. In this case, the return shipping costs will be borne by the Seller.
ARTICLE 7. LIABILITY
The Seller may be relieved of all or part of its liability by providing proof that the non-performance or improper performance of the contract is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
The Seller cannot be held responsible for any computer bug occurring during the order process, related to the Customer's internet connection.
ARTICLE 8. WARRANTY
All products supplied by the Seller are covered by the legal guarantee provided for in Articles 1641 et seq. of the Civil Code.
In addition, the Customer also benefits from the product conformity guarantee provided for in Articles L. 211-4 et seq. of the Consumer Code.
In the event of non-conformity of a sold product, the Customer will have the choice between repair or replacement of the product.
However, if the Customer's choice results in a clearly disproportionate cost for the Seller, the Seller may proceed according to the method of its choice.
If repair and replacement of the product are impossible, the Customer may return the product and receive a refund.
A refund of the price is also possible if the solution requested by the Customer cannot be implemented within one month of the buyer's claim.
In all cases, the application of the warranty for product non-conformity will take place at no cost to the Customer.
All claims under this article must be made by mail to the following address: 229, rue Saint-Honoré
75001 Paris or by email to the following address: hello@mosthome.co
ARTICLE 9. INTELLECTUAL PROPERTY
All elements of the Site, including all graphic, audio, textual, and video elements, including the underlying technology and product presentation, are the exclusive property of the Seller.
The Customer is therefore strictly prohibited from reproducing, representing or distributing, even partially, any particular element that is an integral part of the Seller's website.
All reproductions and representations of the Site are subject to the express prior agreement of the Seller.
Failure to comply with this obligation constitutes an infringement which engages the civil and criminal liability of its perpetrator.
Similarly, any process, including framing or deep-linking techniques, is strictly prohibited, except with express, special and written authorization from the Seller.
The name "MOST" has been registered as a trademark with the INPI (Registration No. 4389710). Consequently, any reproduction of this trademark by the Customer, without authorization from the Seller, constitutes an act of infringement liable to criminal and civil prosecution.
The Client is therefore prohibited from infringing upon the "MOST" trademark in any way. It is strictly forbidden to use or reproduce the name "MOST", in any capacity whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.
ARTICLE 10. PERSONAL DATA
The Seller informs the Customer that his personal data is recorded and that the Seller has taken the necessary steps with the CNIL regarding the processing of this data, in accordance with the provisions of the Data Protection Act no. 78-17 of 6 January 1978.
The Customer is informed that his data is being processed to enable the Seller to offer him the various services offered by the Site.
Thus, the processing of the Client's personal data has been declared to the CNIL under the number: [Awaiting assignment].
In accordance with the provisions of Article 27 of the French Data Protection Act of 6 January 1978, the Customer has the right to access, modify, rectify or delete his or her collected data by simply contacting the Seller at the following address: MOST SAS 229, rue Saint-Honoré 75001 Paris.
The Seller certifies to the Customer that their data is stored within the territory of the European Union, and more specifically in France.
The data transmitted by the Client is not communicated by the Seller to third parties and is not used for commercial prospecting purposes.
The Client is informed that their connection information, including pages viewed and IP addresses, is kept for the legally required period, namely: one year.
ARTICLE 11. RIGHT OF WITHDRAWAL
Any customer, considered a consumer under the French Consumer Code, who places an order on the Seller's website for non-professional purposes, has a 30-day withdrawal period from the date of delivery to return the product to the Seller for a refund. Return shipping costs are covered by MOST SAS in the case of an exchange. In the case of a refund, a fee of €9.90 (including VAT) will be deducted from your order (in France). and 12.9 euros including VAT in the European Union and 20 euros excluding VAT (outside the European Union) except for wool rugs.
In the case of a refund for a wool rug, an amount of 25 euros including VAT will be deducted for rugs measuring up to 170x240 cm and an amount of 69 euros including VAT for rugs over 170x240 cm in France and an amount of 99 euros including VAT for rugs measuring up to 170x240 cm and an amount of 140 euros including VAT for rugs over 170x240 cm in the European Union (excluding France) and an amount of 70 euros excluding VAT for rugs measuring up to 170x240 cm and an amount of 150 euros excluding VAT will be deducted for rugs over 170x240 cm outside the European Union.
The product must be returned in its original condition and packaging, new, unworn and unwashed.
However, the Customer is informed that the right of withdrawal does not apply to products made according to the Customer's specifications such as custom-made or personalized products.
ARTICLE 12. WAIVER AND TOLERANCE
It is formally agreed between the contracting parties that any tolerance or waiver by one of the Parties in the application of all or part of the commitments provided for herein, whatever its frequency and duration may have been, shall not constitute a modification of these terms, nor generate any right whatsoever.
More specifically, no delay or inaction, abstention or omission on the part of the Seller in exercising any of its rights under this Agreement shall prejudice such rights, nor shall it be deemed to imply a waiver by the Seller of its rights.
ARTICLE 13. ENTIRETY
These general terms and conditions express the entirety of the obligations of the parties.
No indication, no document, can create obligations under this agreement unless it is the subject of an amendment signed by both parties.
No correspondence prior to the signing of this agreement shall create any obligations under said contract.
ARTICLE 14. PARTIAL INVALIDITY
If any particular provision of this agreement is held to be invalid, or declared as such by a final and binding decision of a competent court, the other provisions shall remain in full force and effect, with the exception of the cancellation of Articles 3, 7 and 8, which the parties consider to be essential.
ARTICLE 15. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by French law.
In the event that a dispute arises between the parties due to the execution or interpretation of this agreement, the parties agree prior to any legal action that any claim will be subject to a prior formal notice by registered letter with acknowledgment of receipt.
Any party may then, after a period of ten days following the sending of the letter referred to in the preceding paragraph, initiate any appropriate proceedings.